There is no legal basis in Switzerland for the special treatment of asylum seekers who are persecuted because of their sexual orientation or gender identity. But according to Art. To be given refugee status, the person seeking asylum must be seriously in danger in their country of origin because of their sexual identity or orientation.

According to SEM practices, people cannot receive asylum simply for being from a country that punishes homosexual activities if the person seeking asylum cannot provide credible proof. Authorities must be threatening to imprison the asylum seeker, who must provide proof that they themselves are at risk of being arrested. Therefore, people are granted asylum based on adverse effects or proven fears they will face discrimination, rather than the general laws and regulations in the country of origin.

Measures of persecution are only relevant in the asylum process if the type and intensity make it impossible or unreasonably difficult for the person to lead a decent life. Difficulties such as official controls and harassment, arbitrary arrests, discrimination at work or at school and job loss, may not be sufficient reasons to grant asylum if they are not intense enough.

Title, Fleeing Homophobia, Asylum Claims...

They must provide credible proof that they experienced serious disadvantages due to their sexual orientation or gender identity.

Asylum seekers must present their personal experiences seamlessly and without any inconsistencies for the plea to sound credible. The whole narrative has to be detailed, consistent and naturalistic. Any subsequent corrections or additions will be considered implausible as they are provided too late.

This is a problem for LGBTI asylum seekers because they often cannot talk openly about their sexual orientation or gender identity during the asylum application interview.

Often they have kept their sexual orientation or identity a secret for years because they are afraid or ashamed. Therefore, LGBTI asylum seekers may provide other reasons for flight or only submit the real reason later on. For this reason, authorities should not immediately deem all retrospective corrections implausible.

Authorities do not currently show any understanding of this reality. The Court of Justice of the European Union CJEU decided in late that homosexuals should not be expected to hide their sexual orientation in order to avoid persecution in their home country.

The SEM also stresses that sexual orientation and gender identity are essential parts of human identity.

It is difficult for people to explain that they have fled their country of origin for fear of being discovered or because they no longer want to hide their sexual orientation or gender identity after having done so for so long in order to avoid prosecution. But the pressure some people face because of obstacles to being in relationships, the need to conceal their sexuality or gender identity, the constant fear of discovery, and the lack of family support is often not sufficiently taken into account by Swiss migration authorities.

These guidelines help governments, asylum authorities and other decision-makers involved in determining refugee status interpret the law. These additional reasons to flee would lead to a greater awareness among all entities and organisations involved and would be highly desirable. Sexual orientation is already explicitly mentioned in the EU guideline on the topic.

They are often exposed to discrimination and verbal abuse from fellow asylum seekers. They live alongside people who still have the same stigmatising attitudes they had in their country of origin. These people put pressure on asylum seekers with different sexual orientation in Switzerland too. Asylum authorities, staff members in asylum centres and aid organisations need to address this topic head on and must receive special training. Particular attention has to be paid to accommodation because LGBTI asylum seekers are especially vulnerable.

The South African Constitution and...

Refugees must be provided with a safe house in Switzerland where they can live free from discrimination. Human Rights Treaties UN: Human Rights Bodies UN: Asylum policy Implementation Asylum policy: Glaubhaftmachen Basic information on asylum law on humanrights.

Documentation Information for asylum seekers Queeramnesty website Fluchtgrund: Related Articles Sexual identity. Asylum is a form of protection which allows an individual to remain in the United on Refugee Claims Relating to Sexual Orientation and Gender Identity (). Spijkerboer, T. P. (). Fleeing Homophobia.

Sexual orientation and gender identity...

Asylum Claims Related to Sexual Orientation and Gender Identity in Europe. Amsterdam: COC Nederland/Vrije. How to Use UNHCR's Views on Sexual Orientation and/or Gender Identity based Asylum Claims in U.S.